Can You Be Compensated for a Worsened Injury?
If you were in an accident and it aggravated a pre-existing condition — like an old back injury, knee problem, or previous surgery — you may wonder: “Can I still get compensation, or will they say it was already injured?” The short answer is: Yes, you can still recover damages, even if you had a prior injury — as long as the accident made it worse.
Here’s what you need to know.
Pre-Existing Conditions Don’t Disqualify You
You are not disqualified from recovering damages just because the injured area wasn’t 100% healthy before the accident. The law recognizes that people don’t always come into accidents in perfect condition.
If the accident caused a new injury or made a previous injury significantly worse, the at-fault party may still be fully or partially liable.
The Legal Concept: “Eggshell Plaintiff” Rule
There’s a well-established legal principle called the “eggshell plaintiff” rule. It means the at-fault party is responsible for the harm they cause — even if you were more vulnerable to injury than the average person due to a pre-existing condition.
In other words:
They must take you as they find you.
So if your bad back, prior concussion, or arthritis got worse due to the accident, they can still be held accountable for that worsening.
How These Cases Work
To successfully recover damages, your attorney will typically need to show:
- You had a diagnosed or documented prior condition
- The accident made the condition worse (more pain, longer recovery, need for new treatment, etc.)
- There is a clear medical connection between the accident and the aggravation
This usually involves comparing your medical records before and after the accident to highlight the change in symptoms or treatment needs.
What You Can Recover
If your case is successful, you may be entitled to compensation for:
- Medical expenses (including treatment for the aggravated condition)
- Lost income
- Pain and suffering
- Permanent disability or loss of function
- Emotional distress caused by the worsened condition
Insurance Companies Will Try to Use It Against You
It’s very common for insurers to argue that your pain or limitations were already there — and try to deny or reduce your claim. Don’t be surprised if they request old medical records or point to prior injuries.
That’s why it’s important to have a medical expert and an experienced personal injury attorney who can explain how the accident made things worse — and why you still deserve full compensation.
Bottom Line
If an accident aggravated a pre-existing condition, you can still recover damages — but you may have to fight for it. With strong medical documentation and skilled legal help, you can prove your injury is worse today than it was before the accident — and hold the at-fault party responsible.
Have a prior injury that got worse after an accident? Don’t assume you’re out of luck. Contact our office for a free case review and get the facts about your rights.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
